They should. I was reading the news about a ****action lawsuit against EA and realized although a lawsuit doesn't need to succeed to achieve its purpose. The lawsuit itself may be a tool, even if the plaintiff never expected to win in the first place. For example, I don't think EA is liable for any damage if it only mentioned in passing that the PS3 version of BF3 would include a copy of BF1943. The lawsuit may ultimately rule in EA's favor. However, as of right now, the news is that EA is being suited for reneging on its promise to its customers. That's seriously bad press. Even if EA ultimately wins the suit, people may not learn of it and are left with only a bad impression of EA.

This is not an easy issue to address. These kind of cases can drag on for years. Most people will have lost interest long ago, and media outlets may forget they even reported the case through no intentional neglect. Nevertheless, I think there should be laws that provide some measure of protection for the accused with respect to public opinion. For example, perhaps any news outlet that reports on the filing of a lawsuit should be obligated to report on its final ruling. They need not keep track of the case themselves but should be willing to do a final report at the litigant's request. It also seems fair if the new outlet reported on the defendant's response to the filing of a lawsuit. I notice at the end of many news reports a disclaimer that one or more parties have not responded to a request for comment as of press time. That could simply mean that the defendant has not had adequate time to review the litigation and formulate a proper response. When they do have a comment, the news providers should be obligated to report it per request, up to at least as much coverage as the other sides.

Public opinion matters a great deal to large business, in many cases far exceeding any damage that may be awarded from litigation. The law should not be a unwitting tool in publicity attacks, just as it should not be a tool for powerful entities to whittle away the resources of small competitors. It is up to lawmakers to make good laws that prevents this kind of thing from coming to pass, not an envious task. It is up to mindful individuals like myself to maintain the right balance, justice if you will, on a case to case basis.